Essay On Constitutional Government In Malaysia

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In Malaysia, there are fourteen states in a federation. Article 4(1) state that the constitution is the supreme law of the federation. Malaysia follows the Westminster model of government. There is little significant legislation such as the common use of Emergency powers under Article 150 of the Constitution and the Internal Security Act 1960 has led to the erosion of civil liberties and suppression of public debates on major social issues. Several significant legislations such as the regular use of Emergency powers under Article 150 of the Constitution and the Internal Security Act 1960 has led to the destruction of civil liberties and suppression of public debates on major social issues. These laws bring a closer examination to a better understanding of its impact on the constitutional government in Malaysia. In 1988, a full bench of five in the Supreme Court (a Federal Court then) had occasion to consider Article 3 for the sentence of mandatory death for drug trafficking and possession of firearms. It was contended on behalf of the accused that the religion of the federation which is Islam, as declared in the Federal Constitution, …show more content…

In effect, it has given the executive and legislature unlimited power without any effective checks and balance. This defeat the original intention of the framers of the constitution has for Malaysia before independence was achieved. As for example, a significant provision that has been exercised is the Emergency powers. Under Article 150 of the Constitution[ Federal Constitution, Art 150], once a state of the emergency is declared, the executive may invoke powers to override constitutional provisions. This article allows a proclamation of emergency in situation where there is a threat on the security, public life or public order in the country. The British administration declared the first state of emergency in 1948 during the communist insurgency

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